Housing Act 1966

Appeals.

72

72. (1) Any person aggrieved by—

( a) a repairs notice, a closing order, a demolition order, or a refusal to determine a closing order,

( b) a charging order under paragraph ( c) of subsection (1) of section 71 of this Act,

( c) a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order,

( d) a requirement that a rent or a payment in lieu of rent be paid to a housing authority, a notice or a letting under or by virtue of paragraph ( b) of subsection (1) of section 71 of this Act,

may, within the period ending twenty-one days after the date of the service of the notice or copy of the order, the making of the demand, or after the refusal, as the case may be, appeal to the Circuit Court;

Provided that—

(i) on an appeal in relation to a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order, no question shall be raised which might have been raised on an appeal against the notice or order, and

(ii) no appeal shall lie under paragraph ( a) of this subsection in relation to a closing order at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.

(2) On the hearing of any appeal under this section, the Circuit Court may, as it thinks proper,—

( a) confirm the notice, demand, order, refusal, letting or requirement unconditionally,

( b) confirm the notice, demand, order, letting or requirement, subject to such modifications, alterations or additions as the Court thinks reasonable,

( c) annul the notice, demand, order, letting or requirement, or

( d) determine the closing order.

(3) The Circuit Court may accept such undertaking as might have been accepted by the housing authority, and any undertaking so accepted by the Circuit Court shall have the like effect as if such undertaking had been given to and accepted by the housing authority under this Part of this Act.

(4) Where the Circuit Court annuls a repairs notice it shall, if requested by the housing authority so to do, include in its judgment a finding whether the premises can or cannot be rendered fit for human habitation at a reasonable expense.

Annotations:

Editorial Notes:

E166

Previous affecting provision: application of section extended and term “charging order” construed (15.07.1969 to 31.12.1972) by Housing Act 1969 (16/1969), s. 7(3), commenced on enactment; continued in effect (20.12.1972 to 31.12.1974) by S.I. No. 324 of 1972; further continued in effect (20.12.1974 to 31.12.1977) by S.I. No. 366 of 1974; further continued in effect (22.12.1977 to 31.12.1979) by S.I. No. 390 of 1977; further continued in effect (7.12.1977 to 31.12.1981) by S.I. No. 389 of 1979; further continued in effect (22.12.1979 to 31.12.1984), S.I. No. 435 of 1981.